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QLD Labour Hire Industry – are you breaking the law?

Sep 28, 2018

We’re writing to inform you about changes to legislation in Queensland regarding the use and provision of labour hire.

The legislation came into effect on 16 April 2018 and is designed to regulate labour hire providers by ensuring they are licensed and comply with the required regulations. You can find full details in the Act here:-  Queensland_Government_Labour_Hire_Licensing_Act_2017 

If you missed AustBrokers Comsure’s article on the key features of the Mandatory Licensing Scheme back in April, please find a link to it here.

Who is impacted by this law?

The new legislation applies to labour hire providers based in Queensland, interstate or overseas who supply on-hire labour in Queensland and host employers who use labour hire in Queensland.

It’s important to note:

  • If a labour hire company provides labour hire in Queensland (regardless of where they are based) and does not have a licence, their officers can face up to 3 years imprisonment and/or fines – up to $135,000 for individuals and up to $391,650 for the company.
  • Any host employers doing business in Queensland must use labour hire providers who are licensed under the new Act, regardless of where the host employer is based. If the host employer uses an un-licensed labour hire provider, they are also subject to fines and penalties – up to $135,000 for individuals and up to $391,650 for the company.*

*This information was provided by QBE Insurance.

What to expect with Insurance:

As a result of the new legislation, certain Insurers will be seeking as a requirement of insurance cover, to confirm that you meet the new license requirements, and provide your licence number.

Alternatively, in the absence of a licence number, you can provide documentation indicating a lodged licence application.*

*A lodged application must include the submitted application form and confirmation of licence fee payment. 

This will apply to both new business requests and renewal quotations in regards to General Liability and Management Liability Insurance.

Need more information?

Visit the Queensland Government Office of Industrial Relations Licence Register which lists all licensed labour hire providers in Queensland or visit the following Queensland Government website for more information.

Please note: This publication is for information use only. You should obtain advice that is specific to your circumstances and not rely on this publication as advice. If you wish to speak to your AustBrokers Comsure Adviser, please contact 1800 122 194.

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